Please read this document carefully and in full. By acknowledging this document when registering for Spirit Fest 2025, you agree to be legally bound by this agreement and release of liability. This is a binding legal contract between you and Kuana‘ike Inc. This contract is regarding the “Spirit Fest 2025” event (hereinafter “Event”) that includes three days of instruction time. 

 

1. FINANCIAL TERMS: Total retreat cost is a flat fee of $___500___ per person. All payments must be made via __external sales page link on website or directly furnished by Kuana’ike__. The flat fee set forth above includes the following: three days of instruction time and one additional optional day for a service project.. The flat fee set forth above does not include anything not expressly listed above; airfare and other travel costs, travel to and from the Event, parking fees, lodging, and personal expenses are not included. 

 

2. CANCELLATIONS: All cancellations received are refunded per the terms and schedule as follows: If participant cancels the retreat booking on or before _March 14 __, 2025= $_100___ cancellation fee forfeited as well as any credit card processing fees incurred. Cancel retreat booking on or after _March 14_, 2025: 100% of retreat costs forfeited unless your spot can be filled. If your space can be filled, your refund will be $_500 less $150_. 

 

3. DIETARY NEEDS: No refreshments will be provided by The Hyatt Regency Waikiki Beach Resort and Spa (2025 event venue). Every effort has been made to accommodate a variety of eating preferences. Please notify Kuana’ike in writing if you have a medical restriction. 

 

4. This is a non-smoking and alcohol free event. COVID precautions will be determined by local and federal recommendations at the time of the event. 

 

5. TRAVEL INSURANCE: Baggage, accident, medical and trip cancellation/interruption insurance can be purchased from a third party of your choice and is not included in the Event price. Kuana’ike cannot be responsible for extra expenses due to delays and changes in your travel itinerary that affect your participation in the Event. 

 

6. VOLUNTARY PARTICIPATION: I acknowledge that I have voluntarily requested to participate in the Event. 

 

7. ASSUMPTION OF RISK AND WAIVER OF LIABILITY AND RELEASE: In consideration for being permitted to participate in the Event, I hereby agree that I, my assignees, heirs, guardians, and legal representatives will not make a claim against, sue or attach the property of Kuana’ike, its agents, owners, affiliates, employees or volunteers, sponsors, and all other persons or entities acting on its behalf (“collectively “Kuana’ike”) and that I hereby agree to the following Waiver of Liability and Release. I do hereby release and forever discharge Kuana’ike from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to my involvement in the Event. I understand that this Agreement discharges Kuana’ike from any liability or claim that the I may have against Kuana’ike with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my involvement in the Event, whether caused by the negligence of Kuana’ike or otherwise. I also understand that Kuana’ike does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. I hereby agree to indemnify and hold harmless Kuana’ike from any liability, claims, and causes in action, which are in any way connected to my involvement in the Event or use of Kuana‘ike facilities or equipment, including any such claims which allege negligent acts or omissions of Kuana’ike. I am aware that during my participation in the Event, certain risks and dangers may arise, including, but not limited to, the hazards of traveling to the Event, forces of nature, an accident, or the onset of illness. Also, I am aware and clearly understand that Kuana’ike will not have liability regarding provision of medical care, the speed of evacuation or the adequacy of any care that may be rendered. I understand that Kuana‘ike will use their best efforts to ensure that all adequate measures are taken to avoid such occurrences. I acknowledge that I alone am responsible for my choices, actions, and results during and after the Event. I accept full responsibility for the consequences of my use or non-use of any information provided during the Event. I agree to use my own judgment and due diligence before implementing any idea, suggestion, or recommendation made during the Event in my life, family, or business. I agree that there can be no guarantees as to the outcome or result of using the information I receive during the Event. 

 

8. PERSONAL PROPERTY: I acknowledge and agree that I am responsible for my own equipment and all personal property during the Event and that Kuana’ike is not responsible in any way for such property whether it is lost, stolen or damaged. 

 

9. AUTHORIZATION TO SEND TEXT MESSAGES: I authorize Kuana'ike to send text messages to my cell phone to convey information in regard to Spirit Fest. I understand that standard text messaging rates will apply to any message received from Kuana'ike. I also agree to not hold Kuana'ike or Spirit Fest liable for any electronic messaging charges or fees generated by this service. I understand I may opt out of text messages at any time. 

 

10. ALTERNATIVE DISPUTE RESOLUTION: Any disputes between the parties relating to the Event or this Agreement shall be submitted first to private mediation in the State of Hawai‘i with a private mediator upon whom the parties agree. If the parties cannot agree upon a mediator, each party will select a mediator and together those mediators will select the mediator to be used. The parties shall share the cost of mediation equally. The parties will cooperate with the mediator and participate in good faith in the mediation. If the mediator determines that the parties are at an impasse, venue for any legal action shall be in the state of Hawai‘i circuit or federal courts. 

 

11. This agreement shall be governed and construed in accordance with the laws of the State of Hawai‘i, without regard to its conflict of laws rules. By agreeing to the terms of this document alone when registering through Kuana’ike, I warrant the following: 

• I have read this document in full. 

• I understand its contents. 

• I am acting voluntarily and knowledgeably. 

• I understand that I am giving up significant legal rights, including the right to sue. 

• I believe this document to be fair. 

• I have had a reasonable amount of time to ask questions about this Agreement and to have an attorney review it if I so choose.

 

Ver 1.2_010725_cb

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